CBP/TRS 112/94
                       December 1993
Chesapeake Bay Policy
 for the Introduction of
    Non-Indigenous
    Aquatic Species
   Chesapeake Bay Program
 Printed on
Recycled Paper '

-------
William Donald Schaefer           Maryland Department Of Natural Resources           Torrey C. Brown, M.D.
      Governor                                                                       Secretary
                                       Tawes State Office Building
                                       Annapolis, Maryland 21401                     John R- Griffin
                                                                                   Deputy Secretary


      May 16, 1994
     To:           Implementation Committee
                   Living Resources Subcommittee
                   Exotic-Species Workgroup
     From:        Verna E. Harrison,
                   Living Resources Subcommittee

     Re:           Exotic Species Policy
            Enclosed is a copy of the "Chesapeake Bay Policy for the Introduction of Non-Indigenous
     Aquatic Species" as approved by the Bay Program's Executive Council.  This Policy provides
     the framework for coordinated decision making among the jurisdictions of the Chesapeake Bay
     basin on issues which will benefit greatly from a cooperative effort.  The document discusses
     the policy on intentional introductions  and the review process for a multi-jurisdictional ad hoc
     panel which makes  recommendations, based on potential risks, on state actions regarding permit
     applications  for first-time introduction. The document also discusses the policy on unintentional
     introductions covering the areas of education and information, ballast water, monitoring, and
     control and eradication methods.

            I would like to extend special thanks to the Exotic Species Workgroup, chaired by Dan
     Terlizzi  and  staffed by Frances  Cresswell.   Timing for the  approval of this  policy  was
     constricted and we  appreciate the dedication given to develop a strong policy.

            The Chesapeake Bay Program Office is distributing the Policy document.  If you would
     like multiple copies of the Policy, please contact Jennifer Gavin at 410/267-5721.
      VEH/jcg
      Enclosure
                                    Telephone:
                                    DNR TTY for the Deaf: 301-974-3683

-------
         Chesapeake Bay Policy
          for the Introduction of
    Non-Indigenous Aquatic Species
                December 1993
Printed by the U.S. Environmental Protection Agency for the Chesapeake Bay Program

-------
                            ADOPTION STATEMENT
We, the undersigned, adopt the following policy statement regarding the Chesapeake Bay Policy for
the Introduction of Non-Indigenous Aquatic Species:

      "It shall be the policy of the Jurisdictions in the Chesapeake Bay basin to oppose the
      first-time introduction of any non-indigenous aquatic species into the unconfined wa-
      ters of the Chesapeake Bay and its tributaries for any reason unless environmental and
      economic evaluations are conducted and reviewed in order to ensurejhat risks associ-
      ated with the first-time introduction are acceptably low. The signatories to the Adoption
      Statement are committed to sharing information and to carefully assessing through a
      joint review process all proposed first-time introductions of non-indigenous aquatic spe-
      cies in the Chesapeake Bay basin. The signatories to the Adoption Statement are also
      committed to working together to prevent unintentional introductions of non-indigenous
      aquatic species and to minimize the negative effects of undesired aquatic species within
      the Chesapeake Bay ecosystem."
 We accept the Policy Statement as a guide to controlling first-time introductions of non-indigenous
 aquatic species, both intentional and unintentional, and to monitoring the aquatic habitats affected by
 the introductions, to protect the ecological integrity of the Chesapeake Bay, its tributaries and other
 surface waters in the Bay basin.

 We recognize the need to commit long-term, stable financial support and human resources to the tasks
 associated with protecting the indigenous and naturalized aquatic species and their habitats in the Chesa-
 peake region.
                                        Date
December 1993
 For the Commonwealth of Virginia

 For the State of Maryland
 For the Commonwealth of Pennsylvania
 For the United States of America
 For the District of Columbia
 For the Chesapeake Bay Commission

-------
                                TABLE OF CONTENTS
Introduction	     1
       Definitions:..	     1
                     .  . _                  v
       Need fora Basin-Wide" Policy....	>....;....	     2
       Scope of the Policy.	     3
Policy on Intentional First-Time Introductions.....	     4
       Review Process	4
Policy on Unintentional Introductions...............	     8
       Education and Information.	     8
       Ballast Water	     8
       Monitoring	—     9
       Control Methods	.'.'	     10
                                            ^
Appendix A	     13
Appendix B	:	     21
References	     29

-------
INTRODUCTION

DEFINITIONS
Aquatic Species
Aquatic organisms such as fish, shellfish,
and  aquatic  plants.  Birds,  mammals  and
other organisms, including marsh-dwellers,
that live in soil or otherwise on land are not
considered to be aquatic species.

Historic Range
Geographic area inhabited by a species at
the time of European Colonization of North
America.

Indigenous Species
A species which  evolved  on  the  North
American continent, was present at the time
of European Colonization, and  is resident
within the Chesapeake  Bay basin without
human manipulation.

Non-indigenous Species
For  the purpose  of this document,  any
aquatic  species,  as defined  herein,  that
enters  a  watershed, as  defined  herein,
beyond that species' historic range.

Hatchery-produced hybrids and  genetically
engineered organisms are also  defined as
non-indigenous species,  even if the parent
species or source organisms are  indigenous
or naturalized.

Naturalized Species
A non-indigenous species, as defined herein,
which   has  been   introduced  into  the
Chesapeake  Bay   or   into  a  tributary
watershed  (as defined  by'the Chesapeake
Bay Nutrient Strategy) and has established a
self-sustaining population that has persisted
for at least ten years.
Non-Indigenous, Non-Naturalized Species
Species not native to any of the Chesapeake
Bay  basin  watersheds  which  have  not
established self-sustaining populations there.
Some of the species in this group have never
been introduced,  while others may require
continued introduction as part of stocking
programs or  appear  incidentally  having
escaped  from  aquaria, .private or  public
aquaculture, or research,facilities.

Watershed
The area of drainage which feeds a river, or
the bay. These areas, as originally mapped
by  the  Chesapeake  Bay Program  for the
Nutrient Reduction Strategy (see Figure 1),
have  ecosystem   importance  to  aquatic
species  and are thus used in this policy.

Unconfined Waters
Any waters which could potentially flow
directly into the  Chesapeake Bay or have
more   than   a  minimal  potential  for
escapement into  the Bay watershed. This
does  not include confined (recirculation)
units.

Pathogen
Any  viable biological  agent  capable of
producing disease.

Introductions
An  introduction  occurs   when  a  non-
indigenous, non-naturalized species is caused
to  enter  a geographic  area  beyond  its
historic range  or its  present naturalized
range. Introductions should not be confused _
with natural migrations or range extensions,
or other changes in distribution not directly
influenced by human activities.

First-time Introductions
Introductions  of  non-indigenous  species
which  occur  after the time this  policy is

-------
adopted by the  signatory jurisdictions.  An
introduction may be considered "first time"
if  1)  the species is not  indigenous  or
naturalized, or 2) the jurisdiction has  not
previously promulgated rules, regulations or
otherwise  issued  a  permit  allowing  the
introduction of that aquatic species  into an
unconfined system, excluding permits issued
for the purpose of research. The existence of
a  permit  or approval for the purpose of
research will not eliminate the need for  the
review process outlined  in this policy  for  \
intentional introductions in a watershed  (as \
defined by the Nutrient Reduction Strategy),
for a purpose or in a manner not previously
approved.    First-time   introductions
specifically   exclude   non-indigenous,
non-naturalized  species which  are part of
ongoing stocking programs but which have
not  established  self-sustaining  populations
and  species  previously  approved   for
introduction (e.g. rainbow trout). First-time
introduction includes  allowing a species to
be stocked or cultured  in  a manner not
previously approved within a jurisdiction -
e.g., while tilapia may  be  approved  for
confined  system  production,  culture  of
tilapia  in outdoor   raceways  would  be
considered a new introduction.

NEED FOR A BASIN-WIDE POLICY
The introduction of non-indigenous species
into an ecosystem has been known to create
problems   for existing   species  in  that
ecosystem.  Further,  in  jurisdictions that
share an  ecosystem,  the decision of one
jurisdiction to permit the  introduction of a
species can affect the ecosystem shared with
the  other  jurisdictions.  The  states  of
Maryland, Pennsylvania and  Virginia, and
the District of Columbia, which share the
Chesapeake Bay  basin and are signatories to
the 1987 Chesapeake  Bay Agreement, seek
to institute a  process by which they can
cooperate  with  one  another  in  making
decisions  regarding  the  introduction  of
non-indigenous species. The goals for'such
a process are that it would:

(a) provide objective technical reviews of
proposed   non-indigenous    species
introductions to identify potential  nuisance
species,

(b) provide the permitting decision-makers
with  the best available  information  and
assessment  regarding  a  non-indigenous
species' potential for becoming a nuisance in
the ecosystem or to human activities,

(c)  create  a  mechanism  for   sharing
information among  all Bay jurisdictions,
including  Delaware,   the  District   of
Columbia,   Maryland,   New   ;York, {.
Pennsylvania, Virginia and West Virginia,',
regarding species being considered by other
Bay jurisdictions, and

(d) not  unduly  lengthen  or burden  the
existing  permitting  processes  within  the
signatory jurisdictions.

Therefore  a  regional  policy  on  non-
indigenous  species that is embraced by all
Bay basin jurisdictions  is preferable to an
array  of  individual jurisdictional policies or
regulatory  philosophies  that  may  vary
significantly.  Existing  policies,  including
federal, regional and state ones, are briefly
summarized in Appendix A.

Formulation  and adoption  of  a  regional
strategy and suggested protocol for dealing
with non-indigenous species should be the
major review  and control components of a
new policy established by jurisdictional and
federal agencies  in  the Chesapeake Bay
watershed.  This policy is based on the real

-------
concern that introduced species may carry a
lasting and adverse legacy if they become
established  as  reproducing  populations,
expand their ranges,  and  affect native
species.

This  policy  is  cautious  with  intentional
introductions and proactive with the threats
of unintentional introductions.

Concern  over   the  environmental   and
ecological consequences of non-indigenous
species was  heightened by the disruption
caused by  zebra mussels  and  resulted in
passage  of  the  federal   Non-indigenous
Aquatic Nuisance Prevention and Control
Act of 1990 which mandates development
and  implementation  of  a comprehensive
program of prevention and remediation of
problems  resulting  from  non-indigenous
introductions. Information on current control
programs   for   zebra   mussel   in   the
Chesapeake  watershed  are  contained  in
Appendix B.

The    Living   Resources   Subcommittee
(LRSC) of  the Chesapeake Bay Program
was   charged   by   the   Implementation
Committee  with  developing a  policy  to
provide guidance to  the  Chesapeake Bay
Agreement signatories on the  intentional
(e.g., rainbow trout) and unintentional (e.g.,
zebra mussel) introduction of non-indigenous
aquatic species in the Chesapeake basin.

In  early   1992,   the  Living   Resources
Subcommittee  of  the  Chesapeake  Bay
Program established  the   Exotic  Species
Workgroup. The mission of this workgroup
is to  coordinate  regional  information  and
develop a  strategy for dealing  with  the
introduction  of  non-indigenous   aquatic
species into the  Chesapeake Bay basin. A
major goal of the Exotic Species Workgroup
\
\
is to assist  the  signatories  to the  1987
Chesapeake Bay Agreement and other Bay
basin jurisdictions in identifying activities
that   promote  the  prudent  control  of
non-indigenous aquatic species introductions.
This goal is consistent with the goal of the
1987 Chesapeake Bay Agreement: "provide
for the restoration and protection  of the
living  resources,   their   habitats  and
ecological relationships,11 and the letter from
the Chesapeake Bay Commission  to the
resource  management  agencies  of  the
signatory jurisdictions in 1992  which stated
that   management of  non-native  species
anywhere  within the  Chesapeake  Bay
watershed should be  pursued on a regional
rather than  a state-by-state or species-by-
species basis. The complete policy statement
of the Chesapeake Bay Commission can be
found in Appendix A.

SCOPE OF THE POLICY
This policy document considers only first
time introductions of non-indigenous, non-
naturalized aquatic species. Birds, mammals
and other organisms, including marsh-dwell-
ers, that live on land or in the soil  are not
included in the scope of this policy.

-------
I.   POLICY   ON   INTENTIONAL
FIRST-TIME INTRODUCTIONS

This policy is intended to be consistent with
the   federal   Non-Indigenous   Aquatic
Nuisance  Prevention and Control Act of
1990. Intentional introductions are made for
the purposes  of  aquaculture, recreational
fishing, biological controls, and  research.
Background information on these  pathways
of introduction can be found in Appendix B.

To  provide  guidance  to  the  signatory \
jurisdictions in how certain objectives might \
best  be  reached,  the  Exotic   Species
Workgroup will develop an Implementation
Plan to this policy which will contain an
overview   of   existing   jurisdictional
approaches  and   a   schedule   for  the
development  of suggested  protocols. The
Implementation Plan will be  prepared  and
submitted for review by the Exotic Species
Workgroup   to  the  Living  Resources
Subcommittee  of  the   Chesapeake  Bay
Program by September 30, 1994.

Aquatic species have extensive histories of
being translocated from one  ecosystem to
another for a variety of purposes. Those
species which have colonized successfully in
the  new  ecosystem  have   proven  both
beneficial  and detrimental to the social and
economic  sectors of our society and to that
ecosystem. Undesirable  introduced species
have been a major  factor in the loss of
biological integrity. With some introductions
come  the  concomitant  introduction  of
parasites,   pests,   predators,   and  other
biological  entities  which   have   forever
changed the local environments in which
they were introduced.

It is therefore the purpose of this  policy to
reduce the risk of adverse consequences to
the environment and the associated biota in
a manner consistent with the federal act and
to do so in a spirit of cooperation for the
benefit of all.

REVIEW PROCESS:                 ^
To  reduce  the  risks   associated   with
introducing   undesirable   non-indigenous
organisms, particularly those which have the
potential  to harm  the   environment  or
become   a   nuisance,   the   signatory
jurisdictions  will implement the following
procedure for making decisions about the
intentional   first-time   introduction   of
non-indigenous,   non-naturalized  aquatic
species:

•      Proposals for all intentional first-time
       introductions of non-indigenous, non-
       naturalized  aquatic species  into the
       unconfined waters of the Chesapeake
       Bay watershed must be submitted for,;
       review   and  approval   by   the:;,
       appropriate agency of the jurisdiction <•
       prior  to  the  introduction  taking;
       place. The  process for review and
       approval is outlined under "Actions."

•      All  species currently approved for
       aquaculture  or stocking  and  the
       conditions under which each may be
       cultured or  stocked at the present
      time  in each  jurisdiction  will be
       considered as  approved  under this
      policy for that jurisdiction.

ACTIONS
•  To the degree possible, each jurisdiction
   will provide  a list of aquatic species
   which they know to be indigenous or
   naturalized  to   the  Chesapeake   Bay
   watershed  in  accordance   with   the
   definitions provided  herein  so that a
   master list may be developed.  A copy of

-------
   this list shall be supplied to the Living
   Resources Subcommittee.

•  Each jurisdiction shall compile a list of
   species currently approved for culture or
   stocking/maintenance stocking within its
   jurisdiction  and  the  conditions   and
   methods  by  which  sudi  species  is
   allowed to be  cultured or stocked. A
   copy of this list shall be supplied to the
   Living Resources Subcommittee.

•  All proposals for a first-time intentional
   introduction  shall  be  made  to  the
   appropriate jurisdictional agency.

1) The agency will review a request for an
intentional   introduction,  evaluating   the
relative  risks and benefits of the first-time
introduction.

As part of the review process for a first-time
introduction, there will be an evaluation to
determine  whether   monitoring    the
surrounding habitats for occurrence of the
species to be introduced may be necessary,
and,  if  so,   what   means   might   be
appropriate.

At a minimum, evaluations should include
analyses of:
     (i)  the purpose and usage of the
     proposed introduction;
    (ii)  long-term potential effects on
    native species and ecosystems;
    (iii) alternatives to the proposed action
    including the potential for using
    indigenous or naturalized species;
    (iv) proposed culture or stocking
    method for introduction if approved;
    (v)  means of monitoring, if necessary;
    (vi) review of information on known
    pathogens of proposed introduction and
    its source; and
 \
\
     (vii) economic consideration.

2) Where  the  introduction involves  non-
indigenous, non-naturalized species, and the
submittal is adequate to be considered for
future agency action, the jurisdiction  will
notify the Living Resources Subcommittee,
sending  copies  of the  application   and
supporting  documentation from the agency's
review process.   The-Living  Resources
Subcommittee  will then  coordinate  an
independent review and  evaluation of the
proposed intentional introduction.

   a) Reviews  should include  appropriate
   environmental and economic evaluation.

   b)  Jurisdictions  will notify the Living
   Resources  Subcommittee of  first-time
   introductions    into   jurisdictionally-
   approved   closed  systems    in   the
   Chesapeake Bay watershed in accordance
   with procedures  to be established in the
   Implementation  Plan.  This  notification
   does not require review by an ad hoc
   panel, but it will include a description of
   the closed system involved.

   c) The Living Resources Subcommittee
   will work to share information regarding
   system types and to develop guidelines
   with respect thereto.

3) An ad hoc panel shall be formed by the
Living   Resources  Subcommittee   upon
receipt of copies of the permit application
and  supporting  documentation  from  the-
jurisdictional agency.                    <

Each such  panel shall be comprised of one
representative    each   from    Virginia,
Maryland,  the  District of Columbia,  and
Pennsylvania, named by those jurisdictions,
whose backgrounds  shall be of a technical or

-------
scientific nature appropriate to review  the
species  in question. The Living Resources
Subcommittee, after consultation with STAC
(the  Scientific  and  Technical  Advisory
Committee) shall invite at least two other
scientists or technicians having expertise on
the  species in  question  or with  similar
species  to  serve on each  such panel.  An
economist or  other specialist may also be
required.  The  goal  here is  to  enhance
information available to  the permitting
agencies. The  ad hoc panels should be kept  \
as small as possible so that  they remain  \
workable.

4) Each ad hoc panel shall complete its
review of a proposed introduction within 45
to 60 days  from the date that the Living
Resources Subcommittee receives copies of
the  permit  application  and  supporting
documentation. In cases in which  review is
required in shorter periods of time,  the ad
hoc panel will  do its best to comply with the
compressed deadline.

The signatory jurisdictions are committed to
reviewing  their  permitting  processes  to
determine  whether  their processes   are
compatible with the ad  hoc  panel review
procedure.

5) Each ad hoc panel shall provide advice to
the   jurisdiction   permitting   authority
regarding  the  potential of the species in
question to harm  the  ecosystem  or  to
become a nuisance  to  human activities, in
accordance with the following:

   a) It  is recognized that the task of the ad
   hoc panel is  advisory.  The authority of
   issuing a permit  lies within each Bay
   jurisdiction.
   b)  The  majority  opinion  and ^ the
   dissenting opinion (if any) will both be
   given.

   c) The Living Resources  Subcommittee
   will use  the  information obtained from
   the various ad hoc panels to provide an
   information exchange network including:
   species specific protocols,  notification of
   escapes, unexpected dispersals, or illegal
   introductions  that  may  affect   other
   member jurisdictions.

6) After receiving the advice of the ad hoc
   panel,  the  jurisdictional   permitting
   authority  will  decide  to approve or
   decline the proposed introduction.
7) The jurisdiction will give notification of
   that decision to  the  Living Resources
,,   Subcommittee.           ;; ,

8) An agency may petition another agency to
modify or reverse its position regarding the
permitting of future introductions if:

   a)  additional   information  becomes
   available  to  demonstrate   substantial
   harmful consequences to the ecosystem;
   or

   b)  the scopes or conditions  of  future
   introductions substantially expand upon
   those  approved   previously  by  rules,
   regulations  or permits and  increase
   substantially  the  risk  of harm  to  the
   ecosystem.                            „

When  the decision has been in favor of any
intentional   first-time  introduction,   the
Subcommittee will circulate this information
to all jurisdictions in the Bay basin.

-------
If a  decision is made by  the  permitting
agency in favor of the introduction contrary
to the majority opinion of the  panel, the
jurisdiction   will  1)  provide  a  written
document   to   the   Living   Resources
Subcommittee, explaining the reasons for
that decision,  particularly  in  relation  to
potential threats to adjoining jurisdictions,
and 2) defer implementation for a 3 week
period to allow  other Bay jurisdictions the
opportunity to notify affected parties in their
own jurisdictions of the decision.
                                         \
If an  agency acts to permit an introduction
against the views of another agency or the
ad  hoc panel, adoption of this policy does
not imply  the  concurrence  of  the other
agency or the ad hoc panel.

• Each  jurisdiction  will  develop   or
   establish  lists of pathogens: one list for
   those  to  be  avoided,  and  one list for
   which little concern is felt.

For the pathogens on both lists, appropriate
screening   methods   using  pre-existing
guidelines,  such as  the American Fisheries
Bluebook,   will  be  established.  Each
jurisdiction  will identify the responsible
agency for developing the lists of pathogens
and identify the screening  method  to  be
used.   The  lists  of  pathogens  will  be
modified, or updated,  at the jurisdiction's
discretion.

• Recognizing  the diversity of viewpoint
   for specific intentional introductions, e.g.
   research, ornamentals and  aquaculture,
   efforts  will   be   made   to   develop
   collaborative   programs   such  as  the
   "Critical   'Issue   Forum"    Special
   Symposium with different governmental
   agencies and  user groups.

-------
H.   POLICY  ON  UNINTENTIONAL
INTRODUCTIONS
The  policy   concerning   unintentional
introductions covers  four areas  including
education  and information, ballast water,
monitoring,  and  control and  eradication
methods.

EDUCATION AND INFORMATION
The signatories to the Adoption Statement
recognize  that prevention of unintentional
introductions  of  non-indigenous,   non- x
naturalized aquatic species is-dependent on
education of citizens, government agencies
and industry. Information concerning species
of   concern,   transport   mechanisms,
prevention  and  control for  species  of
concern should be made available.

OBJECTIVE:
The signatories to the Adoption Statement
will develop  and  maintain  educational
programs and activities  to increase public
awareness  of issues related to unintentional
introductions  of  non-indigenous  aquatic
species, their consequences and the value of
controlling undesired species, according to
the  following guidelines:

• Enhance public awareness as part of
  the   Chesapeake    Bay   Program's
  Communications   Strategy   and   in
  cooperation with educational programs
  within the Chesapeake region including:
  Sea Grant, natural resource agencies and
  educational/outreach   components   of
  research groups.

• Prepare   and   distribute   materials
  including:  brochures,  posters, ED cards,
  fact  sheets,  and,  if resources   are
  sufficient, video and television programs.
• Develop   and  implement   a  public
   education   program  to  expand   the
   monitoring program  to include  the
   public, emphasizing preventive strategies
   regarding public usage of waterways and
   substrate   examination.   The   Living
   Resources Subcommittee will serve as a
   clearinghouse for information regarding
   exclusion  methods   to   prevent
   unintentional introductions.           :

• Where there is a diversity of viewpoints
   following an unintentional introduction,
   special collaborative forums will  be
   developed  to  present  the  different
   perspectives and lead to consensus as to •
   actions among the concerned parties.:

BALLAST WATER
There is general consensus that ballast water i
discharge by ships is a significant source of
unintentional introductions of non-indigenous ?.
aquatic  species to  coastal and  estuarine :.
waters of the United States and elsewhere. ;
The  history   of  only  one  species, zebra
mussels, in the Great Lakes has dramatically
indicated  the potential impact  of  such
unintentional  introductions. This problem
must be addressed. Regulations mandated by
the   federal  Non-indigenous  Aquatic
Nuisance  Prevention and  Control Act of
1990  relating to ballast water discharge in
the Great Lakes region became effective on
May  8,  1993.  In  the Chesapeake  Bay
watershed,   where  there   are  no   such
regulations, there is a considerable potential
for  the  unintentional   introduction   of-
non-indigenous organisms from this source.-

OBJECTIVE:
• Seek   to   eliminate  or  substantially
   minimize  the  risks  associated with the
   discharge   of  ballast  water  in   the
   Chesapeake Bay.

-------
ACTIONS
1) Institute  a  panel  consisting  of  user
   groups,  federal and state agencies, and
   other interested parties, to  identify and
   develop   options   to   eliminate,or
   substantially  minimize,   the   risks
   associated with discharge of ballast water
   into   the  Chesapeake   Bay,  with  an
   assessment of the financial, economic and
   logistical pros  and cons of  each option.
   Options for consideration include, but are
   not limited to, the following which will
   be explored concurrently:

   a) Seek development of a national action
   on ballast water appropriate  to protecting
   all United States  waters.

   b)  In the absence of  such a national
   action, consider  a mechanism  for  the
   institution   of   voluntary   regional
   guidelines   directing   the   mid-ocean
   exchange of  ballast water.

   c) Explore other methods of eliminating
   or   substantially  minimizing  the  risks
   associated with discharge of ballast water
   in the Bay.
2) The Chesapeake  Bay Program, through
   the Living Resources Subcommittee, will
   encourage the timely completion and be
   informed of the  results  of  the National
   Biological Introductions Shipping  Study
   currently  being   conducted  in   the
   Chesapeake Bay.
\
\
MONITORING
Regional monitoring approaches have proven
to  be   extremely   effective  with  both
indigenous  and  non-indigenous  species,
facilitating the  development  and  use  of
standard sampling methods and allowing for
a timely information exchange. Monitoring
reports   can   be   used   in   making
resource-related decisions by both the public
and private sectors.     -

OBJECTIVE:
o  The   signatory   jurisdictions   will
   encourage development of estuarine and
   inland monitoring programs  that will
   provide for  the  early  detection and
   information  on   population  levels  of
   aquatic non-indigenous, non-naturalized
   species.

These programs will include both the pubb'c
and private  sectors,  augmented by citizen
monitoring,  and using consistent sampling
protocols throughout the  Chesapeake Bay
watershed, to insure the comparability  of
results.

A  jurisdiction will give notification to the
Living   Resources   Subcommittee  if   a
research or  aquaculture facility  (pubb'c  or
private)   detects  an  escape,   if  illegal
introductions are discovered, or if a species
of concern  is  found by their monitoring
program to have unexpected dispersal. This
information   will  be  circulated  to   all
jurisdictions so that they can prepare control
measures for use if needed.

-------
CONTROL METHODS
Although  prevention is the most effective
means of controlling the unintentional intro-
duction  of  non-indigenous species,  it  is
recognized that control or eradication meth-
ods  are  required  to  prevent  dispersal of
non-indigenous species once they are intro-
duced. In addition, control methods are
required  to reduce the  impacts of non--
indigenous aquatic species on resource users
and the environment.
                                          \
Current control methods include the follow-  \
ing:

Chemical
Chemical   methods  include   herbicides,
pesticides  and oxidation of effluents.

Biological
Biological control agents are natural enemies
of pest species that  are highly specific,
usually having coevolved  with  the target
species.   As  control  methods,  biological
agents are  well-established and valuable
components of pest management  practice in
terrestrial  environments.  However,  their
application in aquatic systems is in its infan-
cy.

Mechanical
Underwater "mowing" devices are  already
being used  in the Chesapeake  region to
control hydrilla. Other mechanical  control
techniques are routinely used in the manage-
ment of impoundments in the region.

OBJECTIVES:
The  signatories, as appropriate,  will apply
or facilitate the application of control meth-
ods  for non-indigenous aquatic  species in
compliance  with state and federal water
quality standards,  and in consideration of
impacts on living resources, according'to the
following guidelines:

• Identify  and  review  existing  control
   technologies  and  develop  appropriate
   recommendations for coordinated control
   methods  for  undesired  aquatic  non--
   indigenous species.

• Develop a plan of action for non-indig-
   enous, non-naturalized aquatic species,
   such as zebra mussels, in anticipation of
   their expansion into the Chesapeake Bay
   region,   including  public  awareness,
   prevention and treatment.

• In cooperation with the Chesapeake Bay
   Program's   Communication   Strategy,
   increase  public  awareness  of  control
   methods  for undesired  non-indigenous
   aquatic species through fact sheets, and
   direct public contacts.

• Encourage the development of a national •
   action  on ballast water  appropriate to
   protect the Chesapeake Bay and all other
   U.S. waters.

• Encourage programs and research direct-
   ed at prevention and control of undesired
   non-indigenous aquatic species.

These  investigations  should  include  the
identification of undesired non-indigenous
aquatic  species in the Chesapeake region,
followed by assessment of origins, method
of introduction, ecological  and economic,
impact in the region,  and  finally, controL
recommendations.
                                          10

-------
LJ!
      Figure  1.  The ten  tributary watersheds of the Chesapeake Bay basin
      as presented  in the 1992 Progress Report of the Baywide Nutrient
      Reduction Revaluation (Chesapeake  Bay Program).

-------
                                   APPENDIX A
 SUMMARY OF EXISTING REGULATIONS GOVERNING THE INTRODUCTION OF
           NON-INDIGENOUS SPECIES IN THE CHESAPEAKE BAY BASIN

The Chesapeake Bay Policy for the Introduction of Non-Indigenous Aquatic Species is intended
to be consistent with the federal Non-Indigenous Aquatic Nuisance Prevention and Control Act
of 1990. Many of the definitions are taken from the federal documents.

                                   Federal Policy
The Non-Indigenous Aquatic Nuisance Prevention and Control Act of 1990 established an
Aquatic Nuisance Species Task Force with the responsibility to prevent introduction  and
dispersal  of aquatic nuisance species,  to monitor, control and study  such species,  and to
disseminate related information.            x

This act also provides  an  intergovernmental mechanism for the development of a cooperative
national program to reduce the risks of or prevent the unintentional introduction and dispersal
of non-indigenous aquatic species that may  be nuisances; ensure prompt detection of the presence
of and monitor changes  in the distribution  of non-indigenous aquatic species; and  control
established aquatic nuisance species in a cost-effective, environmentally sound manner.
                                   Regional Policy
The only regional policy for non-indigenous species that has been developed in the Chesapeake
Bay basin was issued by the Chesapeake Bay Commission.

• On May 8,  1992, the Chesapeake Bay Commission unanimously adopted the following policy
statement:

   It is the policy of the Chesapeake Bay Commission to oppose the introduction of non-native
   species  into  the Chesapeake  Bay  watershed  for  any reason  unless  comprehensive
   environmental and economic impact studies are conducted and thoroughly evaluated in order
   to ensure that risks associated with the introduction are  minimized.  Proposals for the
   introduction of non-native species should  be subjected to  an extensive review process that
   provides for ample peer review by the Exotic Species Workgroup and others prior to the
   final decision-making process.

•  In a May 20, 1992 letter sent to the resource  management agencies  in Pennsylvania,^
Maryland, the District of Columbia and Virginia, the Chesapeake Bay Commission stated that
the management of non-native species anywhere within the Chesapeake Bay  watershed should
be pursued  on a regional rather than a state-by-state or species-by-species basis and urged each
state agency to'"weigh the position of the Chesapeake Bay Commission in any pertinent policy
decision or action."
                                         13

-------
                                      State Policies
Individual  Bay  basin jurisdictions have  regulations pertaining to the  introduction  of non-
indigenous or non-native species.

SIGNATORY STATES

District of Columbia
The District of Columbia has rules that establish guidelines for the management of fisheries and
wildlife resources. These guidelines and procedures provide for implementation of the Water
Pollution  Act of  1984, which  mandates protection of aquatic animals -and plants  and the
restoration and preservation of aquatic life in the District's waters for aesthetic enjoyment,
recreation and industry. The^purpose of these^ules is to ensure that the District's fisheries and
wildlife resources are properly managed and protected.

With regard to the introduction of non-indigenous species, the guidelines are simple and clear.

Section 1503.1,  Prohibited Activities:

    It shall be unlawful  to do any of the following:
       a) Introduce any species of fish or other aquatic organism not indigenous to the District
       of Columbia into the waters of the District of Columbia.
Maryland
In Maryland, the Tidewater and Fish, Heritage and Wildlife Administrations of the Department
of Natural Resources (DNR) regulate the introduction of non-indigenous aquatic species (Code
of Maryland Regulations). With regard to one non-indigenous mollusk species, the zebra mussel
(Dreissena polymorpha),  a  section  of the regulations  pertaining  to  shellfish,  (COMAR
08.02.08.02) states:  "Except as permitted by the Secretary of Natural Resources, a person may
not import into the state or possess any living life stage or reproductive products of mussels of
the genus Dreissena." For other species of shellfish taken from waters outside the waters of the
state, a person may not import or possess any of these species within Maryland, unless they first
obtain a permit from DNR. This section of the  regulation goes on to say that "the Department
shall issue a permit if presented with proof satisfactory to the Department that the shellfish will
not be harmful to Maryland shellfish."  For these regulations, the  term shellfish includes live
oysters, seed oysters, oyster shells, live hard-shell clams, live soft-shell clams, and clam shells.

In COMAR 08.02.11.05K, the term "indigenous fish  species" is defined by Maryland as "any-
fish species  that naturally occurs in, or has been artificially  introduced into, the waters of the
state, and has established self-sustaining populations  for at least ten years." To protect fish
populations in the non-tidal waters of the state,  a person may not  introduce into the non-tidal
waters, or import or possess for introduction, any live fish not indigenous to the non-tidal waters
of the state without first obtaining a permit. A permit will not be granted until satisfactory proof
is provided by the applicant that the specific fish intended to be imported will be free of any

                                           14

-------
communicable disease at the time of importation and will not be harmful to the native flora and
fauna in the non-tidal waters.

The provisions of the Maryland regulations in COMAR 08.02.11.05K that deal with importation
and possession do not apply to fish for use in laboratories and exhibitions, or for use as pets.
Any fish not indigenous to the waters of the State shall be held only in aquaria and other indoor
facilities from which escape into the waters  of the state is impossible. Hence, except for the
specific provision directed at zebra mussels, Maryland does not prohibit nor is a permit required
for the importation of non-indigenous species for research purposes, provided the species are
confined indoors and cannot escape into state waters.                    -

Maryland also has regulations (COMAR 08.02V14) pertaining to non-native fish and aquatic plant
species  related to aquaculture. The stated purpose of these regulations is  "to encourage the
orderly  development of an aquaculture industry in Maryland, while ensuring that aquaculture
operations do not adversely impact upon the state's wild stocks of fish." In this section of the
regulations,  the phrase "non-native" species means  "a species of fish that  is not native or
naturalized...". A native species means "any species offish which historically has lived, grown,
and reproduced in Maryland's waters." A naturalized species means "any species of fish which,
though not indigenous to Maryland, has acclimated, or adapted to life in Maryland's waters so
that the species has been documented as having lived, grown, and reproduced in Maryland for
more than ten years."

Any person  who wishes to engage in aquaculture in Maryland (the commercial rearing of fish
or aquatic plant species listed in COMAR 08.02.12.07) must first obtain a permit from  DNR.
A permit will not be issued if the proposed aquaculture activity will adversely affect wild stocks
of fish; result in the release of non-native species into Maryland waters, except in confined water
such as  ponds where there are safeguards to prevent escape; or result in the contamination of
native or naturalized species of fish or their  ecosystem. A facility that is permitted  to culture
non-native and hybrid  finfish in non-tidal waters may not  discharge its effluent directly or
indirectly into Maryland  without approved treatment. Maryland also requires that imported
hybrid or non-native finfish shall be certified by an authority acceptable to DNR to be free of
known,  infectious disease that have the potential to contaminate native or naturalized fish or
aquatic plants.

Anyone wishing further  information on Maryland regulations is referred  to  the Code of
Maryland: Title 08, Subtitle 02, Chapters 08, 11 and 14; and the Natural Resources Articles,
Sections 4 and 10, Annotated Code of Maryland.

Pennsylvania
Pennsylvania Department of Agriculture: Under Act 66 of 1993, the Pennsylvania Department
of Agriculture has the authority to regulate the health of all domestic animals, including those
wild or semi-wild animals held in captivity. The Commonwealth interprets "animal" to include
all fish, invertebrates, and other members of the taxonomic Animal Kingdom. The Department
of Agriculture is seeking  a consolidation of all Pennsylvania animal health statutes into a new


                                          15

-------
 "Domestic Animal Act." Once this legislation is enacted, the Department will work with the
 Pennsylvania Fish and Boat Commission to draft and promulgate any necessary fish health
 regulations.

 Pennsylvania Fish and Boat Commission: The Pennsylvania Fish and Boat Code of 1980 (Act
 1980-175, Title 30, Pennsylvania Consolidated Statutes, 30 Pa. C.S.§§etseq.) provides authority
 for the Pennsylvania Fish and Boat Commission to promulgate general and specific regulations
 about fish and fishing in Pennsylvania. The following provisions apply:                  ;
                                                                    _            !;
    30 Pa. C.S. § 102 defines shows "fish," when used as a noun, to include all game fish,  fish
    bait, bait fish, amphibians, reptiles and aquatic organisms.
                                          \
    30 Pa. C.S. § 2102(a) authorizes the Fish,and Boat Commission to make such general and-.
    special regulations as it deems necessary and appropriate concerning fish and fishing in the
    waters of Pennsylvania, the protection, preservation  and management of fish and related:
    matters.

    30 Pa. C.S. § 2102(c) authorizes the Commission  to make regulations concerning the
    transportation or introduction of, or importation into  or within  this Commonwealth orr;
    exporting of fish, the selling, offering for sale of purchase of fish or the disturbing of fish
    in their natural habitat.

    30 Pa. C.S. § 2904 authorizes the Executive Director, with the approval of the Commission,
    to require permits for the taking,  catching, killing, possession, introduction,  removal,
    importing, transporting,  exporting or disturbing any fish in  Pennsylvania  waters.  The;
    Commission may set fees for the permits and make rules and regulations concerning the
    issuance and provisions of the permits.

    30 Pa. C.S. Chapter 33 contains requirements for artificial propagation licenses and provides
    that no person may artificially propagate any fish in Pennsylvania  without a license issued
    by the Fish and Boat Commission (30 Pa. C.S. § 3312). In addition,  this chapter requires
    licenses or permits for live fish dealers and for transportation of live fish in Pennsylvania.

Title 58. Pennsylvania Code contains regulations promulgated by the Pennsylvania Fish and Boat
 Commission.

    Chapter  71,  "INTRODUCTION  OF  FISH INTO COMMONWEALTH WATERS \
    subsection 71.3 (b), provides for the issuing of  limited propagation license subject to
    additional restrictions. These are used to permit non-indigenous fish species to closed system
    aquaculture.

    Chapter 73, "TRANSPORTATION OF LIVE FISH INTO THE COMMONWEALTH"
    subsection 73.1 (a) states "No species of fish  may be transported into this Commonwealth
    from   another  state,  province, or  country  and  liberated in  any  watershed  of  the


                                          16

-------
    Commonwealth without previous written permission for the Fish and Boat Commission. Nor
    may any species of fish be transferred from any water within the Commonwealth into any
    other drainage of the Commonwealth where this particular species is not always present
    without prior  written consent from the Fish and Boat Commission. Inspection for species
    composition or presence of disease, or both, will be required at the discretion of the Fish and
    Boat Commission on all lots of fish transported into the Commonwealth."

    References to grass carp in  Chapters 71 and 73 have been changed by Fish and Boat
    Commission action which provided for the issuing of permits for the use of triploid grass
    carp in Pennsylvania beginning January 1, 1994.
Virginia
In Virginia, regulations pertaining to non-indigenous species are administered by the Department
of Game and Inland Fisheries (freshwater species) and under the Virginia Marine Resources
Commission (saltwater species). Under regulation VR325-01-2 (Virginia Department of Game
and Inland Fisheries), Section 4, it is unlawful to import, cause to be imported, buy, sell or
offer for sale or liberate within the state several species unless a permit is obtained. These
species are: rudd (genus Scardinius), tilapia (any of the genera Sarotherodon and Oreochromis),
piranha (any of the genera Serrasalmus, Rooseveltiella,  Pygocentrus, or Taddyella), walking
catfish (genus Clarias), grass carp (genus Ctenopharynogodon), African clawed frog (Xenopus
spp.), and zebra mussel (Dreissena pofymorpha). It is also unlawful in Virginia to  stock any
species of fish into any public inland waters without first obtaining a permit from the Department
of Game and Inland  Fisheries.  Under  regulation 28.2-825  (Virginia Marine  Resources
Commission), it is unlawful to import any fish, shellfish or Crustacea with the intent of placing
such organisms into the  waters of the Commonwealth unless the organism is coming from an
approved list of states and waters,  and unless it is on an approved species list. If the species or
source is not on the approved lists, the person desiring to import may notify the Commissioner
of Marine Resources and receive written permission.

Anyone wishing further information  on Virginia regulations  is referred  to the Virginia
Department of Game and Inland Fisheries regulation VR325-01-2, and  the  Virginia  Marine
Resources Commission regulation 28.2-825.
NON-SIGNATORY STATES

New York             •
In New York, importation and  stocking of triploid (sterile) grass carp became legal for the
purpose of pond vegetation control in 1990. Requirements for the pond into which the triploid
grass carp were to be introduced were very strict:  5 acres or less in size, having no inlets or
outlets to or from other waters, lying wholly within the boundaries of lands privately owned or
leased  by the individual authorizing the treatment,  harboring  no species of  wildlife, fish,

                                          17

-------
shellfish, Crustacea or plants of special concern, threatened or endangered, not contiguous to a
New York State regulated freshwater wetland. Effective March 12, 1993, New York is allowing
the stocking of triploid grass carp in ponds with inlets or outlets to other waters, provided that
the ponds are not impoundments or natural ponds  on a permanent stream or a source of a
permanent stream as designated by the most recent U.S. Geological Survey or New York State
Department of Transportation quadrangle covering the permit application site.

In May, 1991, New York added section 11-0507-4  to the environmental conservation law. It
now reads: No person shall intentionally liberate zebra mussels (Dreissena pofymorpha) into any
waters of the state. No person shall buy, sell, or offer to buy or sell, or intentionally possess or
transport zebra mussels except under a license or permit. Zebra mussels,  except those  lawfully
held pursuant to a license or permit, may be Destroyed by any person at any time.
                   :        •             \
The regulations about wildlife and fish require permits for placing fish or fish eggs in the waters
of the state, or for willfully liberating  wildlife. Permits are also required  to possess, transport,
import or export species of live native or non-native wildlife or fish where such actions would
present a danger to the health or welfare of people in  the state, and individual or indigenous fish
or wildlife populations. Licenses are required to collect, possess or sell fish, wildlife, shellfish,
Crustacea and aquatic insects, and the Department has the power to make  regulations to protect
the animals from cruelty, disease or undue discomfort and to protect the public from attack or
contamination.  Fish or shellfish which hinder the propagation of food fish or shellfish/may be
removed by the state, or by an individual permitted  by the state, in any manner the state may
prescribe from public or private waters.

Anyone wishing further information on New York regulations is referred to the environmental
conservation law 11-0507, 11-0511, 11-0515, and 11-0517, and the 1991 amendment regarding
zebra mussels. Also see the New  York State Department  of  Environmental Conservation,
Division of Fish and Wildlife Policy on triploid grass carp use (revised 3/12/93).

Delaware
In Delaware, triploid grass carp became a legal method of  aquatic  weed control beginning
January 1, 1990. Permits are issued to private pond owners meeting a set of criteria, including
escape prevention, demonstrated need for aquatic plant control,  the aquatic plants in  question
are known targets of the grass carp, the carp must be triploid  and stocked at a controlled rate,
the state must have access to the pond for evaluation,  the pond must not contain rare, threatened
or endangered plants or animals, and must not be in any designated natural area or a freshwater
marsh wetland. The grass carp must be certified as triploid by the USFWS or by another agency v
approved by the Delaware Division of Fish and Wildlife.

Other laws governing the introduction of aquatic species exist for oysters and aquaculture.
Written permission from the state agency is needed to bring live oysters or seed oysters intoithe
state and place them in Delaware waters. Permits are needed for aquaculture of any specie^ A
facility to be used for restricted species (black bass, grass carp, hybrid striped bass, and all non-
                                          18

-------
native species of finfish and shellfish) must have Delaware Department of Natural Resources and
Environmental Control approval. The walking catfish is prohibited.

Anyone wishing further information on Delaware regulations is referred to regulation 2112 for
material on oysters, the memorandum of understanding between the Department of Natural
Resources and Environmental Control and the Department of Agriculture (May, 1992), and the
grass carp policy (January, 1990; revised 1993).

West Virginia
In West Virginia, a fish importation permit allows an individual to import and haul native game,
food, and sport fishes.  However, the introduction of exotic fishes or those not native to this state
is strictly prohibited. All persons must be legally licensed to propagate or sell fish, amphibians
or other forms of aquatic  life. Those persons  legally entitled to propagate and sell  fish,
amphibians and other forms of aquatic life are also allowed to transport such beyond the limits
of the state. All imported wildlife shall be subject to inspection by authorized agents of the
department and such inspections may include  biological examinations and the removal  of a
reasonable sample of fish or eggs for such purposes.

Permits to import triploid grass carp may be obtained if a pond owner has the pond inspected
by proper state personnel, follows the required  application process and orders the fish from an
approved producer of  certified triploid grass carp.  Only triploid grass carp may be imported
under any circumstances.  A certificate issued by the USFWS is required from their authorized
point of origin.

Anyone wishing further information on West Virginia regulations is referred to Chapter 20 of
the Code of West Virginia and the annual fishing regulations.
                                         19

-------
20

-------
                                     APPENDIX B

This appendix contains background information including a general overview of the problem of
non-indigenous species introductions, pathways of introduction,  and the model  monitoring
program developed in the Chesapeake Basin for zebra mussels.

History
Aquatic species have been translocated from one ecosystem to another throughout history. These
introductions have affected the social and economic sectors  of our society and the ecosystems
into which they were introduced. Some of our most familiar species are both non-indigenous and
beneficial, many of them being important in agriculture. Apples, oats, wheat, cattle and chickens
are just a few examples. Others have had negative impacts, both economically and ecologically.
Examples are the array of now-familiar species such as common carp, starling, gypsy moth and
Japanese  beetle. Non-indigenous aquatic  species  are introduced intentionally, such  as for
aquaculture, or unintentionally, such as in the release of ballast water from trans-oceanic ships.

The rate of introduction of non-indigenous species has increased with human population growth,
construction of canals,  and transportation throughout the world. This is particularly threatening
in aquatic environments because non-indigenous species are more likely to succeed there than
in terrestrial conditions due to the greater uniformity of aquatic habitats.

The introduction of a  non-indigenous species can  appear, initially, to be beneficial from  an
economic or environmental perspective. However, there are numerous examples of introductions
that have resulted in serious environmental impact. The Chesapeake region has been adversely
impacted by past introductions including the aquatic plant Hydrilla verticillata (hydrilla), the
bivalve Corbicula flumnea (Asian clam), and the oyster disease organism, Haplosporidium
nelsoni (MSX). More  recent  invaders include a Japanese crab (Hemigrapsis sangidneus) that
threatens  marsh areas  of the mid-Atlantic  region. There is also concern that phytoplankton
species capable of causing toxic blooms are being introduced into the Chesapeake Bay via ship
ballast discharges.

The Chesapeake basin  is preparing for the arrival of the zebra  mussel, a prolific freshwater
fouling agent,  that may become established in low salinity regions of tributaries and the
important nursery areas of the northern Chesapeake. In the short  interval since its introduction,
the zebra mussel has proliferated throughout the  Mississippi River, extended into the lower
Hudson River and  is approaching the Chesapeake basin via the Susquehanna River. The rapid „
dispersal of zebra mussels through the eastern United States has increased awareness of the risks,
associated with introductions.

The Chesapeake region has already experienced the ecological and economic consequences of
non-indigenous species. The oyster parasite MSX  has been introduced into oyster populations
via shipment of infected oyster stock into Massachusetts and perhaps Delaware and Chesapeake
Bays. This parasite is a factor in devastating mortalities in oyster populations and the associated

                                          21

-------
decline of the Chesapeake oyster industry. Other non-indigenous species are now naturalized in
the region as a result of both intentional and unintentional introduction. For example, Littonna
Uttorea is a European native that is now widely  distributed throughout marshes of the  mid-
Atlantic, the Asian clam is distributed throughout the Chesapeake Bay and its tributaries, and
the Japanese crab Hemigrapsis sanguineus is well established in the coastal areas surrounding
the Chesapeake Bay.                                                                 '.
Currently there are no real predictive  capabilities with regard to environmental  risk and the
frequency of non-indigenous species invasions of a region, but it is clear that the Chesapeake
region could ill afford, ecologically or economically, the costs associated with an introduction
like the Great Lakes nave experienced with the zebra mussel. While the zebra mussel does filter
excess phytoplankton in the Great Lakes, the costs associated with its ability to clog industrial
pipes have been immense. In the Great Lakes region alone, clean-up,  repair, and control costs
are expected to run into billions of dollars  over the next decade.  Increased public  awareness
through education will be required to prepare residents for the consequences of introductions and
to help prevent further dispersal of non-indigenous species once they arrive.

A recent example of public awareness leading to preventive actions  was the decision by the,
Department  of Public Works of the City of Baltimore to close its reservoirs  temporarily .to
boating to prevent introduction of zebra mussels. This closure was designed to enable the city
to determine and  implement appropriate treatment methods.  This ban was  lifted in 1993 and:
replaced by  a ban on the use of aquatic baits in  the reservoir since it  was felt that water from
bait suppliers might be a mechanism of zebra mussel introduction. It is anticipated that this;
second ban will be lifted when a State-developed certification program is enacted to ensure that
suppliers of aquatic bait are free of zebra mussel contamination.

Pathways of Introduction
The framework of a non-indigenous species introduction policy for the Chesapeake  Bay basin.
should be linked to potential introduction pathways, both intentional and non-intentional. Most
intentional  introductions of non-indigenous aquatic species are  made for aquacultural or
recreational fishing purposes. The introductions of Tilapia species and  striped bass x white bass
hybrids are examples of these kinds of non-indigenous species introductions. The aquarium trade
is another important introduction pathway.  Hydrilla blooms in Chesapeake tributaries can be
traced to plants introduced to Florida via the aquarium trade. Asian clams were being sold in
aquarium shops in Pennsylvania before  they were found in the Susquehanna River drainage.

Non-indigenous aquatic species are also being  intentionally  introduced as biological control
agents for various pest species, many of which are also non-indigenous. For example, over 30
states permit the introduction of grass carp for control of aquatic vegetation in ponds.

Transoceanic ship ballast water is another pathway by which non-indigenous aquatic species can
be unintentionally introduced. One aquatic species that has been  inadvertently introduced with
detrimental consequences via ship ballast water is the zebra mussel.
                                          22

-------
Research projects can also inadvertently release non-indigenous test organisms from laboratory
facilities to the environment.                           ,
Aquaculture, Stock Enhancement and Restoration Introductions
Although  shipping  has  been the primary dispersal agent for freshwater  and marine non-
indigenous species, the intentional introductions of the aquaculture industry and related fishery
activities such as stocking by public agencies have also played an important role. Probably the
most notorious example of a  fish introduction leading to environmental problems  was  the
introduction of the common carp from Europe into  the United States in the 1800's. Although
highly regarded as an aquaculture and recreational species in Europe, the carp was not readily
.accepted into the U.S. diet! Its feeding behavior coupled  with its high reproductive  rate  has
created habitat disruption leading to changes in gamefish populations.
                                         \
Other fish introductions have had less clear consequences. The brown trout was introduced into
Michigan in 1883 and is regarded by many as an example of a successful introduction. However,
others object to the  introduction of brown trout in other places due to the impacts on existing
rainbow trout and brook trout fisheries. In the Kern River of California, the native golden trout
was displaced by brown trout. Thus, even those intentional introductions that are successful in
some situations are not as successful in others, resulting in some environmental cost. Most often
this cost is loss of biodiversity.

Stock enhancement and restoration programs have been a traditional and important activity used
by natural resource  agencies and public groups to increase the availability of aquatic  species,
including plants, fish, mollusks and crustaceans,  for ecological,  recreational and commercial
benefit. Stock enhancement programs for salmon, trout, American shad, striped bass,  oysters,
and other species have been conducted in the Chesapeake Bay watershed using sources  of these
species from other watersheds throughout the United States and Canada. American shad from
the Susquehanna River basin were used to stock Pacific Northwest waters years ago.

While the value of such activities is recognized,  it  is also recognized that some control over
these introductions is required to ensure that inadvertent escape of non-indigenous organisms into
the environment or into wild populations of plants, fish, mollusks  or crustaceans. Furthermore,
such activities have long been recognized as risks  to the receiving waters from the introduction
of non-indigenous pathogens and opportunistic free-living organisms which are carried in the
transport water.  While  such introductions of pathogens are unintentional,  they  are closely
associated with intentional introductions and therefore must be considered together. Salmon and
trout have been introduced to the northeastern US via the Pacific Northwest and with them came
bacterial kidney disease, and enteric  redmouth disease-causing pathogens.

Aquaculture benefits the region through economic  development, and  support of recreational
fisheries. The aquaculture industry of the Chesapeake region is highly diverse including a variety
of freshwater (catfish, trout, hybrid striped bass, Tilapia) and marine species (oysters, striped
bass, clams and scallops) in a variety of culture systems including open ponds, raceways and
recirculation systems.  Carlton  (1992a)  recently presented a summary of mechanisms  of


                                          23

-------
introduction via  aquaculture based  on deliberate release including grow-out,  experimental
systems, and  biocontrol. All  of these  potential  introduction mechanisms are part of  the
developing aquaculture industry of the Chesapeake basin.

With increased development of the aquaculture industry there is increased risk. Welcome (1988)
noted "species originally introduced for aquaculture eventually escape from the confinement of
their ponds, but not always to colonize natural waters". Shelton and Smitherman (1984) stated
"For whatever purpose an exotic fish is used, escape is virtually inevitable; thus, this eventuality
should be considered". Thoughtful development of aquaculture in the Chesapeake region should
proceed with awareness of the risks that the inevitable releases of non-indigenous species from
an active aquaculture industry entail. Further development of this industry in the Chesapeake
region will proceed in parallel with development worldwide but should be based on policies that
provide adequate protection  without being simply prohibitive.

Biological Control Introductions                                                     "
A variety of plant and animal species have been proposed for use as biological control agents
in aquatic systems, including insects, snails, fish, marine mammals, plants and plant pathogens.
Such introductions carry  inherent risks, and therefore should be regulated or prohibited.

Aquatic vegetation control is an important issue region-wide due to the importance of fresh water
impoundments for recreational fishing, municipality  reservoirs and as  sources  of water  for
agriculture including: livestock watering,  crop irrigation and aquaculture. Current management
practices for control of excess vegetation include prevention through water quality management,-;
chemical treatment, mechanical removal  and biological control. All methods of control carry
questions about  the ecological  safety and effectiveness of the control relative to the risk of
introduction (Courtenay and Williams, 1992).

Research Introductions
The research introduction pathway for non-indigenous aquatic species may occur less frequently
than other pathways discussed in this policy document, but the consequences may be very high.
However, it is a pathway that can be more easily controlled than many others.

One effective way to control the research  introduction pathway is through the development and
adoption of stringent protocols (or guidelines) for handling and containing non-indigenous aquatic
species and any  associated diseases and parasites. Use of these protocols will allow important
research  to  be conducted, and yet minimize the chances that test  organisms, or associated
diseases and parasites, will escape or be accidentally  released  into the environment.
                                                                                       ^-
The first set of handling and containment protocols developed by the Fjcotic Species Workgroup
provide detailed guidelines for laboratory (i.e. closed-system) research  on zebra mussels.and
other members of the genus Dreissena.  The June 1993  draft document titled Protocols for
Conducting Research on Nonindigenous Mussels of the Genus Dreissena in the Chesapeake Bay
Basin will be available for Bay Program use upon the adoption of this Policy. These protocols
describe a process that  state agencies in the basin could adopt and use to evaluate permit

                                          24

-------
applications from scientific institutions who want to conduct laboratory research on Dreissena
mussels. Maryland's Department of Natural Resources has recently used them in a permitting
process that allowed two University of Maryland researchers  to import live adult zebra mussels
into Maryland to conduct research projects in closed and recirculating facilities.  This document
also offers one example of the kind of research protocols that could be developed by the Exotic
Species Workgroup for other non-indigenous species as the need arises.

Allowing research to be conducted on non-indigenous aquatic species in situ while  reducing the
elements of risk to acceptably low levels, will require the preparation and adoption of protocols
different from those referred to  above  for laboratory research on Dreissena mussels. These
protocols must address concerns  about inadvertent disease or parasite transfers, and survival,
reproduction and proliferation of the test organisms in the environment. By definition, in situ
tests with non-indigenous aquatic species cannQt achieve the level of control possible in a closed-
system, laboratory research situation. Therefore, as the need arises in the Chesapeake Bay basin,
different protocols must be developed  and followed  for in situ research projects with non-
indigenous aquatic species.

Guidelines for minimizing the risks associated with the introduction of non-indigenous aquatic
species  have been established  by the International Council for the  Exploration of the Seas
(ICES). These guidelines should be considered in the development of research protocols for in
situ testing on non-indigenous aquatic species in Bay basin state waters to minimize the risk of
disease organism and parasite introductions. ICES guidelines require that broodstocks  are held
under quarantine conditions and only disease- and parasite-free progeny from the  imports are
used for the in situ tests.

With regard to concern about test organism reproduction and establishment of self-sustaining
populations in the environment, induced triploidy is a genetic manipulation that reduces the risk
of successful reproduction. These precautionary measures (use of disease- and parasite-free
progeny of quarantined broodstock and induced reproductive impairment) offer two approaches
to minimizing the environmental and economic risks associated with in situ testing of non-
indigenous aquatic species in the  Chesapeake Bay basin.

Ballast Water/Ship Transport Introductions
Ballast-water transport is the movement of living organisms contained in the water ballast tanks
(not bilge water) of ships. Commercial shipping activity transports vast volumes of ballast-water
and associated organisms around the world daily. This  mechanism can move marine and
estuarine organisms along and between coasts, and move freshwater organisms along waterways ,
and between continents.                                                                v

Water for ballast is pumped in bulk into the ballast tanks of vessels, either at dockside or as the
vessel moves through coastal waters. Consequently, any organisms present in the water column
may be pumped on board at the same time. While many of these organisms spend their lives in
the plankton, organisms which are benthic as adults  are also transported in ballast-water as
planktonic larvae and during juvenile  stages.

                                          25

-------
Several lines of evidence indicate that many organisms released with ballast water are viable and
can  successfully  invade  new  ecosystems.  The  surveys  in  Oregon  and Australia  reported
successful laboratory culture of many non-indigenous taxa collected from ballast tanks, including
toxic dinoflagellates in Australia. Ballast-water transport has been proposed as the most probable
mechanism of introduction for more than  40 recently  identified  non-indigenous species
worldwide, including zebra mussels and European  ruffe in the North American Great Lakes,
saltwater Asian clams (Potamocerbula amurensis) in San Francisco Bay, and ctenophores in the
Black Sea.

Recently there has been concern about the significance of ballast water discharge by ships in the
introduction of non-indigenous species.  Regulations mandated by the Aquatic Nuisance and
Control Act of 1990 relating to ballast water, discharge in the Great Lakes Region became
effective on May 8, 1993. They require that all ships originating outside of the Economic
Exclusion Zone (EEZ) of the United States and Canada (i.e., 200 mile limit) exchange their
ballast water on the high seas before entering the B.B7-. The salinity of ballast water must be 30
parts per thousand or greater upon entering the Great Lakes, and ballast water will be monitored
by the U.S. Coast Guard. In the Chesapeake Bay  watershed the major ports  of concern are
Hampton Roads,  Virginia and Baltimore Harbor, Maryland. Preliminary studies by Carlton
(pers. comm.) have detected crabs and fish in ballast water of ships in Baltimore Harbor.

The  U.S. Coast Guard-sponsored National Biological Invasions Shipping  Study (NABISS) has
identified the ports of Baltimore and Norfolk in Chesapeake Bay as Atlantic coast "hot spots";
for ballast-water discharge (J.T. Carlton, pers. comm.). Together, these two ports alone received
in excess of 3 billion gallons of foreign water and associated organisms in 1992. This constitutes
a regular and substantial inoculation with non-indigenous biota that are not well characterized.
Today, the single largest source of non-indigenous aquatic species is the worldwide movement
of ballast-water (Carlton, 1985).

The  Chesapeake Bay Program,  through the Living  Resources Subcommittee, will support the
National Biological Introductions Shipping Study currently being conducted in the Chesapeake
Bay. This is the federal program initiated by the Aquatic Nuisance Species Task Force. This
effort is identifying amounts and sources  of ballast water delivered to the Bay, and sampling
representative vessels for non-indigenous species in their ballast water.

Non-ballast water ship transport of non-indigenous species primarily involves fouling organisms
which live on or in the hulls of vessels. Such passive transport of fouling organisms undoubtedly
dates from the human species earliest  attempts at boating.  Although  transport of fouling „
communities among ports and  coastal regions was  probably greatest in the days of sail, this
mechanism continues to move  species among geographic  regions in modern  times. Carlton
(1985, 1989,  1992b) has recently reviewed the probable importance of shipping in transporting
fouling communities around oceans of the world.
                                          26

-------
The Zebra Mussel and Its Monitoring Program
The zebra mussel, Dreissena polymorpha, is an aquatic nuisance species which has expanded
its range rapidly in the Eastern and Central United States since it was first discovered in Lake
St. Clair in 1988. In the Chesapeake Bay drainage, it has only been found in the upper reaches
of the Susquehanna River, at Johnson City, New York. Although its distribution appears to be
currently limited to this portion of the Chesapeake Bay drainage, its range is expected to rapidly
expand, as it has in other watersheds, and zebra mussels may soon be unintentionally introduced
into other tributaries of the Chesapeake Bay.

Monitoring programs underway in Delaware, Maryland, Pennsylvania, and Virginia are unique,
being in place before the known presence of the target species. Effective monitoring methods
have been developed for larvae, settled juveniles, and adults.
                                         \
In the development of monitoring plans for aquatic nuisance species, such as the zebra mussel,
a common protocol must be used. One example of such a network is the Susquehanna River
Basin Zebra  Mussel Monitoring Protocol, conceptualized in 1992 by the  Chesapeake Bay
Program's Exotic Species Workgroup,  and implemented in March 1992, with the Pennsylvania
Department of Environmental Resources (PADER) serving as" the clearinghouse. After a series
of meetings,  a common monitoring protocol was agreed upon by participants, incorporating
standard methodologies for sampling  larvae,  settled juveniles, and adults (McMahon 1990;
Marsden 1992; Mussalli 1992). The actual monitoring was not initiated until several training
sessions were held, with uniform artificial substrate sampler devices  provided by PADER.
Currently, 76 stations in the Susquehanna River - from New York to Maryland - are monitored
biweekly for zebra mussels by  18  different groups, including federal,  state and municipal
governments  as  well  as private industry and academic institutions. The use of a common
protocol allows for the quantification and comparability of results within this watershed, as zebra
mussels expand their range.

In Virginia, volunteer water quality monitors coordinated by the Alliance for the Chesapeake
Bay are monitoring for zebra mussels at sites on  the James,  York, Elizabeth, Potomac and
Piankatank Rivers. Volunteers check weekly for the  presence of zebra mussels on provided
plates.  Sites have  been chosen by the Virginia Department  of Game and Inland Fisheries.
Potential exists for expanding the involvement of volunteer citizen monitors.

While the current level of monitoring for zebra mussels seems adequate, it is important to note
that the public has been alerted as to the  general appearance  of the zebra mussel and  who to
contact should they find what appears to be one. This  is essential to obtain needed presence or.
absence data, as  there are-only a limited number of monitoring stations covering an extensive^
area. There are many more bank fishermen and recreational boaters than there are monitoring
sites,  and it  is likely  that the public will first encounter a zebra mussel -  knowingly or
unknowingly  - before one is collected at one of the monitoring sites (Kraft 1993).

This approach, cooperative between states  and regions and with active public participation, will
serve as a model for monitoring other non-indigenous species recognized as nuisance organisms.


                                          27

-------
28

-------
                                       REFERENCES

Carlton, J.T. 1985. Transoceanic and interoceanic dispersal of coastal marine organisms: the biology of
ballast water. Oceanographical and Marine Biology: an Annual Review 23:  313-374.

Carlton, J.T. 1989. Man's role in changing the face of the ocean: biological invasions and implications
for conservation of near-shore environments. Conservation Biology 3: 265-273.

Carlton, J.T. 1992a. Dispersal of Living Organisms into Aquatic Ecosystems as Mediated by Aquaculture
and Fisheries Activities. In: Dispersal of Living Organisms into Aquatic Ecosystems. Aaron Rosenfield
and Roger Mann (eds). pp.  13.^46.                                       ,

Carlton, J.T. 1992b. Introduced marine and estuai;ine mollusks of North America: an end-of-the-20th-
century perspective. Journal of Shellfish Researcbxll: 489-505.

Courtenay, W.R. and J.D. Williams 1992. Dispersal of Exotic Species from  Aquaculture Sources, with
Emphasis on Freshwater Fishes. In: Dispersal of  Living Organisms into Aquatic Ecosystems. Aaron
Rosenfield and Roger Mann (eds.) pp. 49-81.

Jones, M.M. 1991. Marine organisms transported in ballast water-a review  of the Australian scientific
position. Department of Primary Industries and Energy, Bureau of Rural Resources. Commonwealth of
Australia. Bulletin No.  11. 48 pp.

Kraft, C. 1993. Early detection of the zebra mussel, Dreissena pofymorpha. In: Zebra Mussels: Biology,
impacts, and control. T.F. Nalepa and D.W. Schloesser (eds.).  Lewis Publishers, Ann Arbor, pp. 705-
714.

McMahon, R.F. 1990. The zebra mussel: U.S. utility implications. Macrofouling Consultants, Arlington,
Texas. Research Project 1689-24. Prepared for Electric Power Research Institute, Palo Alto, California.

Marsden, J.E. 1992. Standard protocols for monitoring and sampling zebra mussels.  Illinois  Natural
History Survey. Biological Notes 138, 40 pp.

Mussalli, Y.G.  1992. Zebra mussel monitoring and control  guide. Stone and Webster Environmental
Services, Boston, Massachusetts. Research  Project  3052-03.  Prepared for Electric Power Research
Institute, Palo Alto, California.

Reimer, D.N. 1984.  Introduction to Freshwater Vegetation. Van Nostrand Reinhold Company, New
York. 207pp.

Shelton, W.L. and Smitherman, R.O. 1984. Exotic Fishes  in  Warm Water Aquaculture, p. 262-301. In^
Courtenay, Jr.,  W.R.  and' Stauffer, Jr., J.R.  (eds.), Distribution, Biology,  and  Management  of
Freshwater Fishes. Johns Hopkins University Press, Baltimore, Maryland.

Welcome, R.L. 1986.  International Measures for  the Control  of Introduction of Aquatic Organisms.
Fisheries ll(2):4-9.
                                             29

-------